Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mitigation: pregnancy and childcare
  • 10 Aug 2005

    HKSAR v. CHENG SAU PING

    Citation
    HKSAR v. CHENG SAU PING
    Court
    Court of Appeal
    Case number
    CACC155/2005

    The Court held the sentencing starting points were appropriate given the quantities involved, the applicant had already received full credit for her guilty pleas, and pregnancy/childcare did not provide sufficient mitigation to render the aggregate sentence manifestly excessive, therefore the application to appeal sentence was dismissed.

    • Trafficking in dangerous drugs
    • Possession of dangerous drugs
    • Guilty plea mitigation
    • Sentencing guidelines
    • Mitigation: pregnancy and childcare
  • 14 Apr 1987

    THE QUEEN v. YIM TAK SHING

    Citation
    THE QUEEN v. YIM TAK SHING
    Court
    Court of Appeal
    Case number
    CACC578/1986

    The Court upheld the 1st Applicant's sentence as appropriate given his record and role, and reduced the 2nd Applicant's sentence to 18 months' imprisonment on the first charge because her youth, recent childbirth, clear record and only a secondary role in the drug operation warranted a greater disparity and merciful reduction.

    • Possession of dangerous drugs for trafficking
    • Possession of drug paraphernalia
    • Sentencing disparity
    • Mitigation: pregnancy and childcare
    • Leave to appeal